Lakshadweep Protests : Kerala High Court Issues Orders For Release Of Detained Island Residents

The Kerala High Court on Tuesday issued directions to Chief Judicial Magistrate at Amani, Lakshadweep for the release of island residents who were detained by the administration in connection with their protests against the proposed controversial regulations, on execution of their personal bonds.

A division bench comprising Justices A Muhamed Mustaque and Dr Kauser Edappagath issued the order in a writ petition filed by a Lakshadweep resident espousing the cause of persons detained by Executive Magistrate in connection with protests(Sayed Mohamed Koya vs Administrator, Union Territory of Lakshadweep).

The petitioner contended that though the offences invoked against the protesters are bailable, the Executive Magistrate remanded them for no reason.

The Standing Counsel for the Lakshadweep Administration refuted this allegation and said that though the Executive Magistrate was prepared to release the protesters on bail, they chose not to get released. This was denied by the petitioner's counsel, Advocate R.Rohith, who alleged that no such attempt was made either by the Executive Magistrate or the Station House Officer.

Without going into the merits of the allegations, the division bench directed the Chief Judicial Magistrate to take up the cases of the protesters through video-conferencing on the same day itself (Tuesday, June 1), and to release them on executing personal bond.

"The most important concern for us is the liberty of the persons who are in custody. They shall not be deprived of the means of access to justice. It is appropriate in such circumstance to direct the CJM, Amini, to take up the case of the persons, who have been in custody pursuant to registration of the case by SHO of Kilthan Island by 3pm today.

The physical production of the persons in custody is not necessary. The fourth and fifth respondent are directed to take steps for the production of accused persons before the CJM through video conference. The CJM can hold session through video conference through the nearest NIC centre or by using any other convenient mode like Google Meet, Whatsapp video call etc. The CJM can order release of such persons on execution of self bond or on conditions he deems fit to impose."

The Court will consider the case again today.

Click here to read/download the order